Terms and Conditions
Product Terms and Conditions
Lead by Sea Freediving
Freediving Courses & Training
(a) Lead by Sea Freediving will make reasonable endeavours to maintain advertised details for trips and courses but reserves the right to add, withdraw, substitute and/or vary advertised locations, prices and departure times for the trip without notice for reasons of safety, security, or any other matter out of the reasonable control of Lead by Sea Freediving.
(b) All participants are required to arrive at least 30 minutes before the advertised or communicated departure time of all courses. Arrival after this time may result in the participants exclusion (at the sole discretion of Lead by Sea Freediving) from the trip without refund.
(c) All participants must be aged between 16 and 70 years old unless approved otherwise by Lead by Sea Freediving management. Any participant under the age of 18 years must remain in the immediate presence and control of a supervising parent or guardian during the trip and their participation will be subject to the authorisation of their parent or guardian.
(d) All participants must sign a Risk Warning. Each participant and where applicable, their parent or guardian, takes part in the tour, trip or course at their own risk.
(e) Lead by Sea Freediving in its absolute discretion reserves the right to exclude any participant from the trip, tour or course where that participant is disruptive, refuses to obey the reasonable directions of Lead by Sea Freediving, or in the reasonable opinion of Lead by Sea Freediving appears to be affected by alcohol or drugs. Lead by Sea Freediving reserves the right to exclude participants who are deemed too unfit or unhealthy for the activity.
(f) The courses and trips rely on ocean conditions, water visibility and marine animals and Lead by Sea Freediving does not guarantee that the participants will successfully see or swim with marine animals, nor catch any fish advertised on our website or social media pages.
Payments and Bookings
(a) Payment for Trips and Courses with a Gift Voucher is non-refundable and non- transferable except with prior written permission of Lead by Sea Freediving. Refunds will only be made to the participant who purchased the trip from Lead by Sea Freediving.
(b) All prices are quoted in Australia Dollars ($AUD) unless specified otherwise
(c) Gift vouchers are not redeemable for cash.Restrictions on Photography and Release
(a) Participants may use cameras or other video recording devices above and in water but for safety reasons must immediately follow the directions of Lead by Sea Freediving staff.
(b) Lead by Sea Freediving is not responsible for any lost, damaged, or stolen equipment during its tours.
(c) All photographs and video recordings (“Images”) remain copyright to Lead by Sea Freediving. Images may be used for private or domestic purposes by the participant but must not be used for any commercial purpose without prior written consent from Lead by Sea Freediving.
(d) Lead by Sea Freediving, its authorised agents and contractors have the right to use images and videos taken during a tour for any purpose including, but not limited to, promotional material and marketing purposes. Images may be edited with other images, text, graphics, film, audio, audio-visual works and may be cropped, altered or modified without compensation or prior notice to any participant.
Liability
(a) Any express or implied guarantees, warranties, terms or conditions relating to these terms or provision of services or products contemplated by these terms are excluded to the maximum extent permitted by law.
(b) Nothing in these terms excludes, limits or modifies any guarantee, warranty, term or condition imposed by any Law which cannot lawfully be excluded, limited or modified.
(c) To the extent permitted by section 139A Competition and Consumer Act 2010 (Cth) (“the Act”) Lead by Sea Freediving excludes its liability for:
i. Death
ii. personal injury
iii. the contraction, aggravation, acceleration of a disease; and
iv. the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs in relation to an individual or community:
that is or may be harmful or disadvantageous to an individual or community; or
B. that may result in harm or disadvantage to an individual or community.
(d) The participant acknowledges and agrees that where any of the consumer guarantees under the Act apply to the services supplied by Lead by Sea Freediving, and the Act operates to prohibit a provision in this agreement excluding, restricting or modifying such consumer guarantees, then Lead by Sea Freediving to the fullest extent permitted by law, will be limited, at the option of Lead by Sea, to its liability in relation to:
i. services to:
A. supply of the services again; or
B. payment of the cost of having the services supplied again;
ii. products to:
A. replacement of the products or supply of equivalent products;
B. repair of the products;
C. payment of the cost of replacing the products or of acquiring equivalent products.
(e) Subject to clauses 7(a),7(b), 7(c) and 7(d) above, and to the maximum extent permitted by law Lead by Sea Freediving is not liable for any loss or damage to personal property, however arising including but not limited to:
i. Failure to follow directions of Lead by Sea Freediving, its officers, staff or agents; or
ii. Negligent act or omission of Lead by Sea Freediving, its officers, staff or agents.
(f) The participant acknowledges that they participate in the trip at their own risk and to the extent that the law provides, waive, release and discharge all and any claim, right or cause of action however arising including from any negligent act or omission of Lead by Sea Freediving, its officers, staff or agents, whether or not presently ascertained, immediate, future or contingent, which they may otherwise have for or arising out of loss of life or injury, damage or loss of any description whatsoever and howsoever caused which they may suffer or sustain in the course of or consequent upon their participation in the trip.
General
(a) A term or part of a term of this Agreement that is illegal or unenforceable may be severed from this Agreement and the remaining terms or parts of the terms of this Agreement continue in force.
(b) The participant acknowledges that the laws of Western Australia apply to these terms and the participant submits to the non-exclusive jurisdiction of the Courts of Western Australia in relation to any dispute.
Lead by Sea Freediving
